L. Neil Smith on a controversial case in Colorado:
In a story that recently made national news, a Colorado baker who, for reasons of Christian conscience, refused to make a wedding cake for a homosexual couple, has been ordered by a Denver administrative law judge (and exactly what the hell is an “administrative law judge”, anyway?) to do so nonetheless — and make similar cakes for any other customers who request them — or face fines and possibly a stretch in prison.
He will file reports and be watched closely from now on.
I am not kidding.
The baker, who has said that he will disobey the order, is Jack C. Phillips, his bakery, Masterpiece Cakeshop. The judge’s name is Robert Spencer. The gay couple are Charlie Craig and David Mullins. The lawsuit was brought on their behalf by the American Civil Liberties Union.
Craig and Mullins originally filed a complaint with the Colorado Civil Rights Commission. Apparently Phillips had refused another such request, by a lesbian couple, some time ago, and, according to local talk show host Peter Boyles of 710KNUS, was deliberately targeted, or “shopped”, possibly by the judge, himself. Meanwhile, a Colorado Democratic legislator (whose name I can’t find) has just introduced legislation that would crank up the fine for this “offense” by 7000 percent.
In a specimen of logic so twisted it would make Pablo Picasso or Salvador Dali vomit, Spencer has issued Phillips a “cease and desist” order — an official order to stop not doing something. It’s exactly like a moment out of a nightmare collaboration between Stalin and Kafka.
Clearly, Baker Phillips has a right, under the First Amendment — a right currently being denied him — to believe whatever he wishes, and to follow the precepts of his religion, as long as he doesn’t deny anybody else their rights. He also has a First Amendment right to freedom of speech, which necessarily includes the right not to speak, when that appears more eloquent, or to employ his artistic insights, intuitions, and skills in support of a cause that he personally finds obnoxious.
Certainly Craig and Mullins have their rights, as well, but they don’t include compelling Phillips or anybody else to work for them, or to pretend as if they agreed with their ideas and help trumpet them to the world. The fact is, there are dozens of other bakeries in Denver more than willing to do that. But, as we now know from Obamacare, everybody has to comply. They want to get this guy and get him good.
